Judge allows new evidence in 2009 toddler death case

WAUKEGAN, Ill. (AP) - A Lake County judge has ruled that he will allow new testimony in the case of a Chicago-area day care worker who was convicted in a toddler's death.

Melissa Calusinski of Carpentersville is serving a 31-year prison sentence from her 2009 first-degree murder conviction in the death of 16-month-old Benjamin Kingan of Deerfield. Her attorneys claim new evidence shows the boy died from pre-existing head injuries. Prosecutors dispute that claim and alleged Calusinski slammed the child to the floor at a Lincolnshire day care center.

The Chicago Tribune reports (http://trib.in/1trxQRZ ) that a judge ruled Monday.

The 29-year-old Calusinski's attorneys point to a new set of x-rays that they say show the boy didn't have a fresh skull fracture. Prosecutors argue that the x-rays are neither new nor significant.

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Information from: Chicago Tribune, http://www.chicagotribune.com